STATE v. APLACA

No. 15402.

837 P.2d 1298 (1992)

STATE of Hawaii, Respondent-Appellee, v. Carol APLACA, Petitioner-Appellant.

Supreme Court of Hawaii.

October 6, 1992.


Attorney(s) appearing for the Case

Earle A. Partington of Partington & Foley, Honolulu, for petitioner-appellant.

Alexa D.M. Fujise, Deputy Prosecuting Atty., Honolulu, for respondent-appellee.

Before MOON, Acting C.J., KLEIN, and LEVINSON, JJ., and MILKS, Circuit Judge, In Place of LUM, C.J., Recused, and HAYASHI, Retired Justice, In Place of WAKATSUKI, Associate Justice, Deceased.


MOON, Justice.

Petitioner-appellant Carol Aplaca (Aplaca) was convicted of one count of Assault in the Third Degree in violation of Hawaii Revised Statutes (HRS) § 707-712(1)(a) (1985). Subsequent to her conviction, she moved for a new trial based on ineffective assistance of counsel, which was denied.

On appeal, Aplaca maintained that the trial court applied the wrong standard of proof in adjudging her guilty and that she was denied her right to effective...

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